Posts under ‘Mark Dummett’

The Guardian

The village that stood up to big oil – and won

The fossil fuel industry faces a reckoning in the Niger Delta after a disaster left families ‘eating, drinking, breathing the oil’

Wednesday 1 June 2022

Today, the oil industry in Nigeria faces a reckoning with Shell at the helm. According to Amnesty International, the oil company has come under “unprecedented legal scrutiny” in recent years for its negligent and criminal practices in the Niger Delta. Several lawsuits are ongoing while others have culminated in courts ordering Shell to pay plaintiffs billions of dollars in damages. The mounting pressure has Shell considering a rapid departure from the region’s oil market. In early August 2021, the company announced it would sell off all remaining onshore oilfields in Nigeria, citing challenges with community unrest, sabotage and a company-wide refocus on promoting green energy. But locals and lawyers see the move as Shell ducking its responsibility to clean up after itself. A court in March barred Shell from selling any more assets in Nigeria while the company appeals against a ruling in which it was found liable for a 2019 oil spill and ordered to pay affected communities nearly $2bn in damages. read more

The Hague: Esther Kiobel vows to continue her campaign for justice

23 March 2022

Human rights defender Esther Kiobel today lost her civil case against oil giant Shell, which she accuses of complicity in the 1995 execution of her husband by the Nigerian military government, but has promised to continue her campaign for justice. Esther has spent 27 years seeking justice for her husband Dr Barinem Kiobel, who was hanged along with eight other men in connection with widespread protests against oil pollution in the Niger Delta.At a witness hearing in 2019, three men told the Dutch court that Shell and the Nigerian government had given them money and offered them other bribes in order to incriminate Esther’s husband and eight other men, known collectively as the “Ogoni Nine”. But today, the court ruled that there was insufficient evidence to prove that Shell had been involved.

Esther Kiobel brought the case against Shell along with three other women, Victoria Bera, Blessing Eawo and Charity Levula, whose husbands were also executed in 1995. Amnesty International’s research into the historic injustice has revealed how Shell’s requests for ‘assistance’ in handling environmental protests led to a brutal government crackdown, culminating in the arrests and unlawful executions of the women’s husbands, as well as renowned activist Ken Saro-Wiwa and four other men.

“This is a disappointing outcome, but these extraordinarily brave women are not giving up. Their voices have been heard. They should be commended for their resilience and unbreaking commitment to exposing the truth, and for the invaluable work they have done to highlight the global culture of impunity for multinationals accused of human rights abuses,” said Mark Dummett, Head of Business and Human Rights at Amnesty International.

“It has taken years of legal wrangling for Esther Kiobel to get Shell to face her in a courtroom. Shell tried every trick in the book, from disputing jurisdiction to refusing to hand over crucial documents. The fact that it took more than twenty years for a court to hear Esther’s argument is a grim indictment of how corporations are able to evade accountability for terrible crimes and human rights abuses. Despite the ruling today, Esther’s battle for justice has not been in vain – her persistence represents a powerful argument for change. Governments must do more to hold companies accountable for human rights abuses, and make it possible for the victims to seek justice.”

Esther Kiobel fled Nigeria and settled in the US following her husband’s killing. She first filed a case against Shell in New York in 2002, but in 2013 the US Supreme Court ruled that the US did not have jurisdiction to hear the case. In 2017, Amnesty International supported Esther Kiobel, Victoria Bera, Blessing Eawo and Charity Levula in bringing a new case against Shell in the Netherlands. The four plaintiffs accused Shell of being instrumental in the unlawful arrest and detention of their husbands; the violation of their husbands’ physical integrity; and the violation of their right to a fair trial and to life, and their own right to a family life. The case was held up when Shell refused to hand over crucial documents relating to the case, and it was not until 2019 that the District Court of The Hague heard the women’s arguments for the first time.

Amnesty International has extensively detailed Shell’s role in the crackdown in Ogoniland. In a 2017 report read more

The Hague: Esther Kiobel vows to continue her campaign for justice

March 23, 2022: Vivian Omotori

Human rights defender Esther Kiobel today lost her civil case against oil giant Shell, which she accuses of complicity in the 1995 execution of her husband by the Nigerian military government, but has promised to continue her campaign for justice. Esther has spent 27 years seeking justice for her husband Dr Barinem Kiobel, who was hanged along with eight other men in connection with widespread protests against oil pollution in the Niger Delta. read more

Landmark court ruling could ‘end impunity’ for Shell and other multinationals

Okpabi and others v Royal Dutch Shell Plc (41 pages)

A major court defeat for oil and gas giant Shell could herald the end of “a long chapter of impunity” for multinationals implicated in human rights abuses overseas, lawyers and campaigners have said.

The UK Supreme Court ruled on Friday that the Ogale and Bille communities in the Niger Delta can bring legal claims for clean-up and compensation against Royal Dutch Shell plc (RDS) and its Nigerian subsidiary, the Shell Petroleum Development Company of Nigeria (SPDC). read more

Shell has tried to shed its image of corporate killer like a snake would its skin.

Dear Shell: After 25 Years, Are You Finally Ready to Accept Your Role in the Murder of Ogoni 9?

The Ogoni 9 — Ken Saro-Wiwa, Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuine — were murdered 25 years ago for their campaign against Shell. Photo by Martin LeSanto-Smith.

And so another grim, painful milestone is reached. It is now a quarter of a century since the Ogoni 9 were murdered in Nigeria. read more

Kiobel vs Shell: 4 Nigerian women take on the corporate machine

Wednesday, July 5th, 2017

TOMORROW, a Dutch court will hear witnesses and examine the merits of a landmark case brought by Esther Kiobel and three other women with regard to what they claim was Shell’s involvement in the unlawful arrest, torture and execution of their husbands by the Nigerian military.

This follows a hearing in October 2019, where four people have accused Shell of bribing witnesses to testify against the men during their trial in the 1990s. read more

In 2020 Shell will face unprecedented legal scrutiny over decades of human rights abuses in Nigeria, Amnesty International said today, as the oil giant braces itself for conclusions in a string of European court battles. Allegations range from complicity in unlawful executions to systemic pollution and environmental damage in the Niger Delta.

(RELATED: Investigate Shell for complicity in murder, rape and torture)

Amnesty International has been researching Shell’s activities in the Niger Delta for more than 20 years, compiling compelling evidence of the company’s role in human rights abuses. In a report released today, the organization highlights the various cases that are finally putting Shell’s harmful operations in Nigeria on trial. read more

A witness hearing examining Shell’s role in the execution of nine men in Nigeria in the 1990s is a key opportunity to hold the oil giant to account over its alleged complicity in human rights abuses, Amnesty International said.

The Kiobel v Shell case resumes at The Hague on 8 October and will for the first time hear accounts from individuals who accuse Shell of offering them bribes to give fake testimonies that led to the ‘Ogoni Nine’ – who included Esther Kiobel’s husband – being sentenced to death and executed. read more

Nigeria/Netherlands: witnesses heard in landmark case scutinising Shell’s role in execution of Ogoni Nine

Shell accused of complicity in execution of nine men in Nigeria in the 1990s

Witness hearing a key chance to hold Shell to account

A witness hearing examining Shell’s role in the execution of nine men in Nigeria in the 1990s is a key opportunity to hold the oil giant to account over its alleged complicity in human rights abuses, Amnesty International said.

The Kiobel v Shell case resumes at The Hague today (8 October) and will for the first time hear accounts from individuals who accuse Shell of offering them bribes to give fake testimonies that led to the ‘Ogoni Nine’ – who included Esther Kiobel’s husband – being sentenced to death and executed.

Esther Kiobel and three other women – Victoria Bera, Blessing Eawo and Charity Levula – accuse Shell of being complicit in the unlawful arrest, detention and execution of their husbands. The men were hanged in 1995 along with renowned activist Ken Saro-Wiwa and four other men after they were convicted in a blatantly unfair trial. read more

“We know that Shell had its own surveillance operation and that these operatives had received training from Nigeria’s Internal Security Agency, which itself was directly responsible for a number of human rights violations, such as arbitrary killings, rape, destruction of property, burning of homes — not just crimes under international law or human rights violations, but also crimes under domestic law.”

kwbu 103.3FM Heart of Texas Public Radio: Living on Earth: July 05, 2019 · 11:00 AM EDT: Writer Adam Wernick: This article is based on an interview that aired on PRI’s Living on Earth with Steve Curwood.

Esther Kiobel (centre) and Victoria Bera (right) with their lawyer Channa Samkalden for the verdict at the court in The Hague. Photo: Bart Hoogveld for the FD (the Dutch Financial Times)

This May, Esther Kiobel came one step closer to justice in her battle against the Royal Dutch Shell Oil Company. read more

Earlier this month, a Dutch court ruled that it had the jurisdiction and would hear a damages lawsuit against Shell brought by the widows of activists executed by Nigeria’s government after the protests in Ogoniland in the 1990s.

By Tsvetana Paraskova – May 27, 2019, 4:00 PM CDT

The Nigerian unit of Royal Dutch Shell doesn’t have any plans to return to exploring or producing oil in Ogoniland in Nigeria’s Rivers state after it ceased operations there in the 1990s, Igo Weli, General Manager, External Relations, at the Shell Petroleum Development Company (SPDC) said this weekend at the release of Shell Nigeria’s 2019 Briefing Notes.

SPDC, as operator of the SPDC Joint Venture, carried out exploration and production operations in Ogoniland from the 1950s until the early 1990s. Production ceased in 1993 following a rise in violence, threats to staff, and attacks on facilities, Shell said. read more

A Dutch court ruled that it has jurisdiction to hear a damages suit brought against Royal Dutch Shell by four widows of the Ogoni Nine, environmental activists executed by the Nigerian government in 1995.

The four widows accuse Shell of being complicit in a crackdown by the government against peaceful protesters in Ogoniland, in the Niger Delta.

The judges at the Hague District Court said they will allow the suit to go forward, though the claimants must still prove their case against Shell. Shell denies wrongdoing in the case that has gone on for decades. read more

Esther Kiobel and John Donovan, 28 April 2019, days before a Dutch court ruled in favour of Esther and her co-plaintiffs in an action against Shell allowing their case to proceed

By John Donovan

In 1996, Shell used the sinister specialist services of what could be described as an in-house spying resource set up by former MI6 officers, Hakluyt & Company Limited with titled Shell directors acting as the ultimate spymasters.

At that time, Sir William Purves was Chairman of Hakluyt & Company Limited and Sir Peter Holmes, a former Chairman of Shell, was President of the Hakluyt Foundation. Both were also major shareholders in the corporate spy outfit, while also being Shell directors.

Hakluyt was allegedly set up to carry out “deniable” corporate espionage operations.

A German-born secret service agent Manfred Schlickenrieder working undercover for Hakluyt was sent to Nigeria on a mission relating to allegations of environmental damage caused by Shell’s oil drilling in Ogoniland.

Extracts from a related front-page article published by The Sunday Times in 2001 under the headline MI6 ‘Firm’ Spied on Green Groups:

Schlickenrieder sometimes posed as a left-wing sympathizer and documentary filmmaker.

He also tried to dupe Anita Roddick’s Body Shop group to pass on information about its opposition to Shell drilling for oil in a Nigerian tribal land.

His company was a one-man band with a video camera making rarely seen documentaries.

He made a film on Shell in Nigeria called Business as Usual: the Arrogance of Power, during which he interviewed friends of Ken Saro-Wiwa, the Nobel prize nominee, who was hanged by the military regime in 1995 after leading a campaign against oil exploration. Schlickenrieder sent a letter to a Body Shop executive saying he had been researching the activities of Shell in Nigeria…

Fouad Hamdan, communications director of Greenpeace Germany, said: “The bastard was good, I have to admit. “He got information about our planned Atlantic Frontier campaign…”  He added: “Manfred filmed and interviewed all the time…”

The Sunday Times article is short on dates and information about what Shell’s undercover agent was up to in Nigeria, but it was at a time when litigation was being contemplated against Shell by relatives of Ken Saro Wiwi and Ogoni Nine widows.

Perhaps information about the purpose and timing of his spying mission in Nigeria will be contained in the confidential Shell internal documents the Dutch Court has ordered to be handed over to Esther Kiobel and her co-plaintiffs. Sight of his briefing by Shell/Hakluyt could be very revealing.

Part of the Kiobel & Co Dutch case against Shell relates to alleged Shell bribing of witnesses in the Ogoni Nine trial, which ended with the hanging of all nine individuals, including Ken Saro-Wiwi and the beloved husband of Esther Kiobel, Dr Barinem Kiobel.

Salient extracts from the Wikipedia article “Ogoni Nine”

The executions provoked international condemnation and led to the increasing treatment of Nigeria as a pariah state…

At least two witnesses who testified that Saro-Wiwa was involved in the murders of the Ogoni elders later recanted, stating that they had been bribed with money and offers of jobs with Shell to give false testimony – in the presence of Shell’s lawyer.

Shell’s close association with former MI6 people has continued through the years. They always seem to be lurking in the shadows.

I am in possession of irrefutable evidence that an ex MI6 man Ian Forbes McCredie,  hired by Shell to be head of Shell Global Security, was also part of Hakluyt & Company.

More recently, Ben van Beurden, the current Chief Executive of Royal Dutch Shell Plc mentioned in a telephone conversation that Shell had hired former MI6 people in connection with the OPL 245 oil deal. He did not know that the conversation was being covertly recorded by OPL 245 investigative authorities.

Two of the defendants in the current OPL 245 criminal $1.3bn  corruption trial against Shell in Italy are indeed former MI6 agents; namely John Copleston and Guy Colegate.

Would someone kindly explain how any of this sinister and unscrupulous activity is compatible with Shell’s claimed core business principles, including honesty, integrity and transparency?

ARTICLE ENDS

Disclosure by the author of this article: The lead claimant Esther Kiobel, her lawyer Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing *this case. (*See Writ of Summons in English and Dutch served on Shell 28 June 2017 – copy obtained from US Pacer public electronic court records) As Esther generously said on 28 April 2019, the Dutch case would not have happened without the help of John Donovan.  read more

The four widows claim that the Shell operating company has bribed eight witnesses. Those witnesses are said to have played an important role in the conviction, and thus have the death of their spouses partly on their conscience. Shell has always denied this. So the judge wants more evidence that the eight people have been bribed. “That could be done by hearing witnesses, for example.”

Printed below is an English translation of an article published today by the Dutch FT, Financieele Dagblad.

Carel Grol

Four Nigerian widows who litigate against Shell RDSA € 28.48 + 1.24% must provide tougher evidence. The court in The Hague ruled on that on Wednesday morning.

The Nigerian women Esther Kiobel (m) and Victoria Bera with their lawyer Channa Samkalden for the verdict at the court in The Hague. They are two of the widows who take Shell to court for the executions of their husbands in 1995. Photo: Bart Hoogveld for the FD

The case revolves around the execution of nine men from the Ogoni tribe in 1995. Widows of four of them are going to trial against Shell. The oil company is said to have conspired with the Nigerian state and to be partly responsible for the death of the nine men, the women claim. read more

“Today’s ruling will have great significance for people everywhere who have been harmed by the greed and recklessness of global corporations.”

1 May 2019, 10:08 UTC

The District Court of The Hague today issued an interim ruling in the case brought by Esther Kiobel and three other women with regard to Shell’s involvement in the unlawful arrest, detention and execution of their husbands by the Nigerian military. It ruled in favour of the plaintiffs, that the court does have jurisdiction of the case and that this should not be time barred.

The court also ruled that Shell should hand over some confidential internal documents to the plaintiffs’ lawyers, and that they would have the opportunity to examine witnesses. read more

By Mark Dummett, Amnesty International Business and Human Rights Researcher

On 1 May, a court in The Hague, the oil multinational’s home town, will deliver a ruling on whether a case brought by Esther and three other Nigerian women over Shell’s role in their husband’s deaths can proceed.

The four widows accuse Shell of instigating a brutal crackdown by the-then military regime against peaceful protesters in Ogoniland, in Africa’s most valuable oil-producing region, the Niger Delta, in the 1990s. The protests were over pollution, the chronic lack of development, and the unfair distribution of oil wealth. read more